MA condo laws: What to know in 2026

Massachusetts condo laws to know

• Massachusetts Condominium Act: The primary law for how condominiums are created and operated, including governance, common charges, liens, insurance, and owner rights.
   
• Massachusetts Fair Housing law: State-level fair housing protections that work alongside federal law and can add additional protected categories and enforcement routes.
   
• Massachusetts State Building Code (780 CMR): Statewide requirements that affect inspections, community repairs, and renovation planning in common areas.
   
• Massachusetts Fire Code (527 CMR 1.00): Statewide requirements that affect life-safety systems, inspections, and fire-related compliance in common areas. Learn more about creating an emergency preparedness plan.

Recent updates as of 2026

As of April 2026, the most recent update to Massachusetts condo law involves EV supply equipment. Added by Chapter 239 of the Acts of 2024, these changes to M.G.L. c. 183A, § 10 and new § 10A became effective February 18, 2025. They let condo boards approve certain energy-saving upgrades in units and common areas, including common area EV chargers, and they bar associations from unreasonably blocking an owner from installing EV charging equipment in a space the owner owns or has exclusive use of.
 

The five core rights of ownership

In property law, owners are often described as having a “bundle of rights,” including the right to possess, use, exclude, transfer, and encumber property:

• The right to possess: To occupy and control the unit.
   
• The right to use and enjoy: To live in, rent (if allowed), and use the unit for lawful purposes consistent with the condo rules.
   
• The right to exclude: To decide who may enter the unit, subject to limited legal and emergency exceptions.
   
• The right to transfer: To sell, gift, or otherwise convey the unit, often with a 6(d) certificate obtained at closing.
   
• The right to encumber: To mortgage or otherwise place a lien on the unit, consistent with lender and association requirements.

Of course, these rights are subject to condo documents and applicable Massachusetts laws. For a Massachusetts condo owner, the closest statutory support is in M.G.L. c. 183A, §§ 3 and 4.
 

Key statutes of the Massachusetts Condominium Act

• Common charges and liens (M.G.L. c. 183A, § 6): Confirms the association lien for unpaid common expense assessments and requires budgeting and assessments at least annually.
   
• The 6(d) certificate (M.G.L. c. 183A, § 6(d)): Provides for the association to issue a written statement of unpaid common expenses and other sums which have been assessed against a unit owner.
   
• Records and management standards (M.G.L. c. 183A, § 10): Lists categories of records that must be maintained and made available for reasonable inspection, including financial records, contracts, meeting minutes (if kept), and insurance policies.
   
• Replacement reserve fund (M.G.L. c. 183A, § 10(i)): Requires condominiums to maintain an adequate replacement reserve fund, collected as part of common expenses and kept separate from operating funds. After developer control ends, owners can vote to modify this requirement as allowed by the statute. Learn more about 2026 condo reserve requirements.
   
• Electronic meetings and voting (M.G.L. c. 183A, § 24): Authorizes electronic participation in meetings and voting, providing a statutory framework for hybrid/virtual operations.

Compliance tips for condo boards

1. Keep a “closing-ready” 6(d) process

   Set one intake method for requests, confirm the requester is authorized, and track responses carefully. A standard checklist helps avoid closing delays and repeated follow-ups.
    

2. Make records access routine

   Maintain a shared folder or portal for budgets, year-end financials, contracts, insurance certificates, and meeting materials. A simple index and response workflow reduces conflict and saves staff time.
    

3. Treat budgeting as an annual deadline

   Use a recurring calendar for draft budget review, approval, and owner communication. Annual budgeting is also the foundation for assessment decisions and collections consistency.
    

4. Document enforcement consistently

   Document the issue, send a clear notice, provide a cure path when appropriate, and retain decision notes. Consistency helps avoid “selective enforcement” disputes.
    

5. Use a clear lien and collections ladder

   Standardize late notices, payment plan policies (if offered), and escalation steps before legal referral. Clean ledgers and consistent timelines reduce avoidable disputes.
    

6. Set rules for virtual participation

   If using hybrid meetings or e-voting, publish simple instructions, confirm how owners verify identity, and document vote totals clearly in the minutes or meeting records.

MA condo law frequently asked questions

Why is a 6(d) certificate often required at closing?

A 6(d) certificate confirms whether a unit has unpaid common expenses and other assessed sums. This is important for the buyer because it helps confirm whether there are outstanding condominium charges that need to be cleared at closing so the unit can transfer without unresolved lien issues. It is often obtained from the association and recorded in connection with a sale.
 

What does a condo “blacklist” mean?

If a condo has financial instability or litigation issues, lenders may restrict financing. This can limit buyer options, reduce marketability, and impact resale values.
 

What is a “super lien” priority?

Associations can enforce a priority lien for up to six months of unpaid budgeted common expenses. This lien can take precedence over a first mortgage, making timely fee payment critical for owners and lenders.
 

Can owners rent their units?

Condo associations can restrict or prohibit rentals, including short-term rentals (Airbnb), and enforce bylaws against tenants who violate house rules.
 

How are disputes with the condo board resolved?

Owners can review governing documents, submit formal requests, attend meetings, and vote to replace trustees. If issues persist, mediation or legal action may be used to enforce fiduciary duties and compliance with bylaws.
 

What makes a condo rule unenforceable?

Rules may be unenforceable if they conflict with laws, exceed the board’s authority, or are applied inconsistently. Vague, discriminatory, or improperly adopted rules can also be challenged and potentially invalidated.
 

About FirstService Residential

As North America’s leading property management company, FirstService Residential supports Massachusetts board members and owners with local expertise backed by national resources. Our teams help with meetings, recordkeeping, financial management, resident communication, and 24/7 customer care. This way, boards and owners can focus on long-term goals instead of day-to-day administration.

Contact a member of our team today to learn more about how we can serve your community.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.